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When disputes arise out of international transactions and investments, most companies prefer to resolve them under trusted international arbitration rules rather than in unfamiliar foreign courts. McMillan lawyers are experienced advocates for clients before a wide range of international arbitration tribunals. We have handled international arbitrations involving parties from all corners of the world, arising from international contracts in virtually all major industries.

We are one of few Canadian law firms to consistently be ranked among the world’s top 100 international arbitration law firms, as selected by Global Arbitration Review. Many of our international arbitration lawyers have also been recognized by leading directories such as Chambers Global, Who’s Who Legal: Commercial Arbitration, Best Lawyers in Canada, Lexpert and Euromoney’s Guide to the Leading Experts in Commercial Arbitration.

When clients invest in emerging economies, McMillan’s international arbitration lawyers can play a critical role.  We review dispute resolution provisions in commercial contracts and assist companies to structure their investments to obtain treaty protections from threats of expropriation and other unfair actions of a host state. We also represent investors in arbitrations brought against states under a wide range of bilateral investment treaties and free trade agreements.

McMillan’s Cross-Border Litigation team has appeared before all levels of court in all major Canadian jurisdictions in a wide-range of international litigation.  We have addressed challenges to the jurisdiction of Canadian courts over foreign parties and enforced foreign arbitral awards, court judgments and orders, including through pre-judgment orders to preserve assets in Canada.  We have also advised businesses on treaties, legislation and customary international law relating to international sales transactions, foreign state immunity and international human rights claims.

Primary Contacts

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Brett G. Harrison

Partner, Corporate Commercial Litigation | Restructuring & Insolvency

Robert Wisner

Partner, International Arbitration & Cross-Border Litigation

Deals and Cases

Insights (24 Posts)

Featured Insight

McMillan LLP’s CUSMA Dispute Settlement Scoreboard

Overview and analysis of disputes under the Canada-United States-Mexico Agreement, including bi-national panel review, ISDS, and general dispute settlement

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Apr 3, 2023
Featured Insight

Settlement Counsel – valuable addition to the dispute-resolution toolkit

Settlement Counsel is litigation counsel engaged for the sole purpose of resolving a dispute or settling a case.

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Mar 28, 2023
Featured Insight

Court of Appeal Confirms Setting Aside an Arbitral Award is a “Tall” Order

The Ontario Court of Appeal decision in Tall Ships Development Inc. v. Brockville (City) illustrates when a Court will interfere with an arbitration award.

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Mar 8, 2023
Featured Insight

One Year On: Economic Sanctions Have Become a Primary Tool of Canadian Foreign Policy and New Russian Sanctions are Imposed

Canada continues to impose sanctions against additional countries, including Sri Lanka, Haiti, and Myanmar, and joins the G7 Enforcement Coordination Mechanism.

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Mar 1, 2023
Featured Insight

As NAFTA Legacy Claims Window Closes, Canadian Businesses with Investments in Mexico Maintain Important Protections under CPTPP

Time is running out for investors to launch NAFTA legacy claims, however Canadian claimants maintain important protections against Mexico under the CPTPP.

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Mar 1, 2023
Featured Insight

Sanctions Pivot: Canada Seeks Forfeiture of Russian-Owned Assets to Fund Reconstruction of Ukraine and Adds Oil Price-Cap Restrictions

Canada, in a first for G7 states, seeks seizure & forfeiture of sanctioned oligarch's assets for use in compensation & reconstruction of Ukraine.

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Dec 22, 2022
Featured Insight

Modernization of the Investment Canada Act is Underway

The Canadian federal government introduced Bill C-34, An Act to Amend the Investment Canada Act, to modernize Canada’s national security regime.

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Dec 12, 2022
Featured Insight

Canada Embraces the Indo-Pacific: New Canadian Strategy Expands Opportunities for Two-way Trade and Investment

Canada announces new Indo-Pacific Strategy, applies to join Indo-Pacific Economic Framework, and what it all means for Canadian businesses.

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Nov 30, 2022
Featured Insight

Single Proceeding Model Trumps Contractual Rights – Arbitration Clause Held “Inoperative” in Insolvency Proceeding

Ontario's highest court has held that an arbitration clause may be unenforceable in an appropriate insolvency proceeding, introducing contractual uncertainty.

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Sep 26, 2022
Featured Insight

Canada Clamps Down on Services Provided to Russia

A description of the June 6, 2022 Canadian sanctions against Russia.

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Jun 13, 2022
Featured Insight

Jurisdictional Battle Over The Environment Continues – Canada’s Impact Assessment Legislation Found Unconstitutional

On May 10, 2022, the Alberta Court of Appeal ruled that the federal Impact Assessment Act and related Physical Activities Regulations are unconstitutional.

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May 25, 2022
Featured Insight

Budget 2022 Amends Legislation to Tackle Unfairly Traded Imports

Changes announced in Budget 2022 make it easier for Canadian producers to tackle unfairly traded imports.

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Apr 13, 2022
Featured Insight

The Potential Impact of the Ukraine Conflict on Contracts Between Canadian and Russian Companies

Legal tools Canadian companies should seek advice on if they are no longer able perform contractual agreements because of the war in Ukraine

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Mar 8, 2022
Featured Insight

Supreme Court of Canada Opens the Door to Novel International Human Rights Claims: The Uncertain Implications for Canadian Resource Companies

In its 5-4 decision in Nevsun Resources Ltd., the Supreme Court of Canada has given Canadian courts the green light to develop new forms of civil liability.

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Mar 2, 2020
Featured Insight

Lost in Transition: Working Through the Silence Surrounding Leasehold Interests in the Construction Act’s Transition Provisions

Lost in Transition - Working through the Silence Surrounding Leasehold Interests in the Construction Act's Transition Provisions

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Feb 27, 2020
Featured Insight

Last Chance for Late National Phase Entry into Canada

It is official - Canada's new Patent Rules will come into force on October 30, 2019.

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Aug 9, 2019
Featured Insight

NICARAGUA ALERT – Canada Imposes Sanctions on Certain Nicaraguan Officials

On June 21, 2019, Global Affairs Canada (“GAC”) imposed targeted sanctions against nine Nicaraguan senior public officials

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Jun 25, 2019
Featured Insight

TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019

On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.

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Jun 4, 2019
Featured Insight

What’s in a name – the USMCA is the new NAFTA

On the surface, NAFTA was set aside, replaced by the United States-Mexico-Canada Agreement (USMCA). Look more deeply, and there's evidence that much of the substance of NAFTA remains.

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Oct 4, 2018

The Comprehensive and Progressive TPP – Countering The Pressures for Protectionism

January 2018, Canadian government announced it will sign the Comprehensive and Progressive Agreement for Trans-Pacific Partnership also referred as "TPP-11".

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Jan 30, 2018
Featured Insight

NAFTA Here Today, Gone Tomorrow?

NAFTA Here Today, Gone Tomorrow?

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Oct 24, 2017
Featured Insight

NAFTA – the sky is not falling – those are just thunder clouds

NAFTA – the sky is not falling – those are just thunder clouds

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Mar 6, 2017
Featured Insight

Appealing the Arbitrator: A New Avenue of Appeal in British Columbia

Appealing the Arbitrator: A New Avenue of Appeal in British Columbia

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Jan 28, 2017
Featured Insight

Arbitration Clauses and Shareholder Disputes: Clarity from the Ontario Court of Appeal

Arbitration Clauses and Shareholder Disputes: Clarity from the Ontario Court of Appeal

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Oct 24, 2016